Yes, your will should still be valid. However, if your ex-spouse or civil
partner was appointed as an executor of the will or if they were to inherit
property from you, they will be treated as though they had died on the day your
marriage or civil partnership ended. The practical consequence is that they
cannot act as executor and they do not inherit.
Although your will is still valid, getting divorced could be a the perfect time
to review it, especially if you had previously planned to leave
You can write your own Will, without any help or legal guidance and as long as
it is properly signed and witnessed it should still be legally valid in the UK.
It’s just not recommended for a number of reasons:
The problems with going it alone
A Will is a legal document where errors can cause it to be invalid or ambiguity
means costly mistakes are made after your death.
The main problems are:
* You may not know or include all of important clauses which need to be used.
* By not using wording
A will does not become binding until the person who makes it dies. Until that
point the person making the will is not bound at all and can change their mind
as often as they like by making a new will.
For guidance on what makes a valid will, see How do I make sure my Will is
As always, we’ll be on hand to give you guidance and checklists every step of
the way, so if you have any questions, you only have to ask.
You can co-own property with other people in one of two ways:
* As joint tenants; or
* As tenants in common
Where co-owners of property are tenants in common, each of the co-owners has a
separate share of the property. The shares can be in any proportion, so they can
be equal or unequal.
Unlike in a joint tenancy, when one tenant in common dies their share in
property can be passed on under their will, just like other assets.
Property can be co-owned in two ways:
* As joint tenants; or
* As tenants in common
Where property is co-owned by joint tenants each of them owns the whole property
and (while they remain joint tenants) the property cannot be shared between
Property which is owned by joint tenants is not inherited under a will. When one
joint tenant dies their share of the property goes to the surviving joint
tenant(s) and the survivors then own the whole property – even if the deceased’s
will says so
When creating a will to document the division of an estate or assets, the
tendency can be to look for a will writing service that is located close by.
Historically the large majority of people have visited their town center or
high street and prepared their will with a local solicitor.
In fact, the term ‘will writing services near me’ scores very high for the
number of searches in Google’s engine.
This demonstrates that for those looking to write their will there is a common
thread of seekin Read More »
You have until June 4th to write your Will
register it for free with The National Will Register
[https://www.nationalwillregister.co.uk/aboutwillregistration.aspx] using code
The National Will Register is a trusted partner of the Law Society of England
and Wales. The register is used by individuals, families, organizations,
government agencies and law firms to register their will. There are over 8
mi Read More »
There is a lot of talk around the importance of writing a will to ensure that
your money, property, and other assets are bequeathed to the family members or
children that you wish to nominate as beneficiaries of your estate.
However, did you know that there are certain types of financial assets and
property that you should not or cannot include in your will?
These types of assets are usually jointly owned or contain some sort of
instruction that dictates what happens to the property should you Read More »
If you have recently been considering making a will then you may have stumbled
across one of the many online will writing services.
While this may look like a fast, efficient way to prepare your last will and
testament, it may have left you with some unanswered questions.
Here we will take a look at the positives and negatives of using an online
service for your will preparation.
Preparing a will online saves a trip to the solicitors office and means that you
can write your Read More »
If you have documented your wishes that are to be carried out after your death
in the form of a will, you will need to review it periodically.
Having your estate and finances distributed to people of your choosing can be
handled legally by way of a will. However if your circumstances change you may
want to alter things like beneficiaries or change assets that are bequeathed to
a specific person.
Life brings about many changes and there are a number of instances where you may
need to amend your Read More »